Divorce is the legal process to end a marriage where it is dissolved before legally. In many countries, either partner can file for divorce, but this may depend on how divorce is handled in each country’s legal system.
The process to obtain a divorce in Playa del Carmen, Cancun, Tulum or any town in the State of Quintana Roo is not that long or complicated, nor does it have to be expensive. In Mexico, each State of the Republic is governed by a State Civil Code, according to which marriage and divorce are regulated, therefore it is very important to understand that what is applicable in one State is not necessarily in another, there are several options to obtain a divorce that adapt to the particular needs and conditions.
There are two types of divorce proceedings in the State of Quintana Roo: administrative and judicial, these two types have different classifications that we explain below:
1.- Voluntary divorce: It is the one that occurs as a consequence of a voluntary agreement between the spouses to end the marriage bond. This can be:
a.- Administrative Divorce: It is applicable when after one year of the marriage, both spouses agree to divorce. In order to carry out this action, it is required that both spouses are of legal age, that they have liquidated the conjugal partnership, that the woman is not pregnant, that they do not have children in common or that if they did, they are of legal age and that neither the children nor If one of the spouses needs alimony, they must only appear with the Civil Registry Officer or Public Notary of the place of the marital home, stating their desire to divorce.
b.- Voluntary divorce by judicial means: It proceeds by judicial means when the spouses do not have the requirements to process the divorce by administrative means, however, they request it by mutual agreement before a family judge, as long as they comply the requirements for this, such as, that a year or more has passed since the celebration of the marriage, and that together with the divorce petition they present an agreement establishing what concerns the custody of the children, food, housing and property management.
2.- Unilateral divorce: It is one that can be sued by one of the spouses independently before the judicial authority, just by expressing their desire to end the marriage bond without having to explain the reason for which they request it. The spouse who wishes to promote the trial, must accompany his demand with a proposal for an agreement to liquidate the conjugal partnership, determine the guardianship and custody of minor children, alimony and cohabitation regime.
As we have explained the divorce process itself in Quintana Roo, it is not that difficult and depending on the case, the spouses can carry out the process directly before the Civil Registry or Notary authorities, however the assistance of a lawyer specializing in family matters is recommended. , in cases where it is necessary to prepare an agreement proposal that adjusts to the needs and rights of the minor children and that offers legal certainty to both spouses, although it is not always possible to reach an agreement with the first proposal, but the support from an experienced professional, will make the transition more bearable in this difficult stage of legal separation where decisions with a high emotional cost are required, since it is never a decision that we take lightly.
If you are in Playa del Carmen, Cancun or anywhere in the Riviera Maya, remember that at Anaya Legal Playa we have professionals with extensive experience, willing to support you in reaching quick, economic and fair agreements.